Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1887-04-28
CONDENSED NEWS.
rnE HADDOcK MURDER.
Charge Of the Judge and nnal Disagreement and
Discharge or the Jury

Charge Of the Judge and nnal Disagreement and
Discharge OF the Jury
Saturday 10th van the twenty-second
Say OF the Haddock murder trial, and at
g.. p. m. the argument had been closed.
the instructions OF the court given and
the case against John Arensdorf
was submitted to the jury. The
Instructions OF Judge Lewis to the jury
we're full and clear. Referring to the cues.
tion OF conspiracy the Judge said.
The jury may and should take into con-
sideration all the facts in relation to
the prosecution of like cases in the courts
TO close The saloons on or bcforie Aug. 30,
the part that Mr.. Haddock had taken in
these prosecutions, the relations which
Arensdorf and his alleged conspirators sus-
tanned TO these proceedings, the appear
ance OF Areusdorf and hin alleged CO.
co~nspirators on the streets on the night OF
the murder, and also the meetings OF the
saloon-keepers at the various halls prior
to that time. Under the indictment it
vas competent to admit evidence to prove
the fact OF conspiracy, and IL the Jury is
satisfied that "A conspiracy was formed
With which he was connected evidence OF
| the acts or sayings OF conspirators is ad-
| missable whether defendant WAS present
Or not. In relation TO testimony Of ae-
complies. the judge instructed that
It should be corroborated. IL may
be circnmssantial or by witnesses,
| bnt it Is rot essential that
i should cover all the matters involved.
In proving m abb the burden Of proof
rests upon the defendant. 1t must be es-
tahiished by preponderanee OF evidence,
and evidence OF that nature is to DO crit.
sally examined and weighed, because OF
the facilities offered for introduction OF
\ manufactured testimony.
In closing the Judge administered severe
;eprooi to one OF the jurors whose actions
in court and talk on the streets have been
subjects Il comment. There is but little
probability OF an agreement by the jury.
There is a good deal of gambling on the re-
suit.
a DISAGREEMENT.
About IL O'Clock the 1.-THE the Judge called
the jury into eourt and asked il they mad
agreed opon a verdict. Ed Webster, the
foreman. replied that they had not been
allie to agree. Judge Lewis remarked that
he had no desire to punish the jury for fail
ure to agree and asked il the difference
y IS i-nsurmountable. Mr.. Webster said
they stood eleven to one, and he thought
they might bring that man to an agree
ment II more time was given. Then j. ID.
0Connell arose, and in n voice indicating
great earnestness assured the court that
he had no desire to be obstinate; that he had
carefully considered all the evidence, and as
a man h respects the oath be had taken
before God and man he could not possibly
yield his conviction on that point. His
mind was fixed. and no matter how long
the jury might he held there he could not
change his verdict. The Judge saw rom
the intense earnestness Of the ma that it
was useless to bold the jurors, and they
wero discharged. The court then
~. -.
Tor the Judges TO hold court in Monona
county this week. 1t was found that the
jury stood eleven Tor acquittal and one
toi conviction OF murder in the first degree,
1t is not determined when another trial
will be held.